Trial begins in Vacaville fatal shooting case

A simmering dispute preceded the death of a Vacaville man who was slain while walking to his mother's home one night in July 2011, according to testimony on the first day of trial for a Vacaville man accused of the deadly shooting.

Quinten Nears, 20, was taking a shortcut through the Alamo Gardens apartment complex in Vacaville around 9 p.m. on July 30, 2011. He ran into a friend but barely made it into the complex before being approached by a man who said, "What's up?" and fired numerous shots at him, striking him three times.

Solano County prosecutors believe that Rico Marquez Espitia, 22, was responsible and have charged him with murder.

On Wednesday, prosecutors called 10 witnesses to testify about the events surrounding the fatal shooting and what may have led up to it. Weeks before the shooting, Mariah Degros was with Nears as they visited a Vacaville liquor store. A close friend of Nears, Degros testified that as she walked out of the store, Espitia was pulling into the parking lot with his girlfriend and another man in a car.

A verbal confrontation quickly ensued, with Espitia walking over to her car where Nears sat in the passenger seat.

Degros couldn't recall everything that was said, but testified that Espitia told Nears, "I have something for you," and lifted his shirt to reveal a gun in his waistband.

They left the parking lot without incident and did not tell police, according to testimony.

Prosecutors believe that was the motive for Nears' death. On the night of the shooting, Deputy District Attorney Julie Underwood told the jury in her opening statement that Espitia, who she described as a member of the Norte?o criminal street gang, "Was getting work done."

She further told the seven-man, five-woman jury that they would receive evidence that minutes prior to the shooting, Espitia was in the same apartment complex, where he assaulted another man in front of his friends, before shots rang out.

Espitia's court-appointed attorney pointed out that conflicting descriptions of the suspect who shot Nears were given to police, and no one has identified him as the culprit.

"This is a case about pressure," Johnson said. "Pressure that was used to wrongfully arrest Rico Espitia."

Vacaville police obtained an arrest warrant for Espitia on Aug. 25. Four days later, Espitia was arrested in Ocean Shores, Wash., on an unrelated issue. Ocean Shores police held Espitia without bail until his extradition to Solano County.

He has pleaded not guilty and has further denied enhancements for personal use of a firearm causing death and an allegation that the crime was committed for the benefit of a criminal street gang.

Espitia remains in Solano County Jail custody.

The trial is set to resume at 9:30 a.m. today in the Fairfield courtroom of Judge Donna Stashyn.